Skrypek v. Bennett

Kane, J. (dissenting).

We respectfully dissent.

After respondents were unable to obtain the medical records of petitioner Randall R. Skrypek by the use of a medical authorization, respondents chose to obtain those records by means of a judicial subpoena issued without notice by a court that did not have jurisdiction to issue it (Matter of State Police Admin. Disciplinary Hearing on Apr. 27, 2004, 13 AD3d 884, 885-886 [2004]). Petitioners were justified in defending against respondents’ improper use of a subpoena. Under these circumstances, the resultant delay is directly attributable to…